(A) A capacity certificate pursuant to 327 I.A.C. 3-6-4(c) shall not be issued unless the person seeking a permit to construct sewage works has first executed a contract with the city pertaining to the proposed sewage works.
(B) A copy of the contract referenced in division (A) above must be recorded with the County Recorder with respect to all property to be served by the proposed sewage works prior to the issuance of the capacity certificate.
(C) The contract provided in division (A) above must include terms obligating that no customer will be connected to the proposed facilities unless the proposed customer first pays to the city its standard system development charge per equivalent dwelling unit calculated pursuant to § 53.15(B).
(D) A certificate shall not be issued unless the City Civil Engineer has determined that the proposed sewage works for which a certificate is sought will not cause overflowing or bypassing in the collection system through which the wastewater will flow and will not increase the frequency or degree of introduction of foreign substances into the city.
(E)
In the event of a contract between a wholesale customer and the city, the term of which expires after the date of this section, the city will not accept the wastewater from any customer of a wholesale customer unless the customer was already connected to the wholesale customer and already contributing wastewater to the city system as of the expiration of the term of the agreement.
(F) The city will not enter a wholesale contract with any entity that would utilize the city’s capacity in the South Dearborn Treatment Plant unless the contract assures that the city will collect its full system development charge per equivalent dwelling unit for all of the capacity subject to the agreement.
(G) The city will not enter wholesale contracts with any entity unless the city is satisfied that the collection system of the wholesale customer has been designed and constructed so as to prevent spills or overflows of untreated wastewater into the city under reasonably foreseeable circumstances.
(Ord. 2006-3, passed 8-30-2006; Ord. 2006-8, passed 9-19-2006)
Penalty, see § 10.99